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Child Care Facilities By-law, 2019
- Published in Eastern Cape Provincial Gazette no. 4329 on 21 October 2019
- Commenced on 21 October 2019
- [This is the version of this document from 21 October 2019 and includes any amendments published up to 19 December 2022.]
PreambleWHEREAS in terms of section 11 (3)(m) of the Local Government; Municipal Systems Act 32 of 2000, read with section 162 of the Constitution of the Republic of South Africa Act 108 of 1996, municipalities have the legislative power to promulgate by-laws regarding any matter which falls within its functional competence;NOW THEREFORE the Council of the Mbizana Local Municipality, acting in terms of section 156 read with Schedule 5 (Part B) of the Constitution of the Republic of South Africa Act 108 of 1996, and read with section 1 of the Local Government: Municipal Systems Act 32 of 2000, hereby makes the following By-Law: CHILD CARE FACILITIES BY-LAW.
1. DefinitionsIn this by-law, unless the context otherwise indicates-"Act" means Children's Act No. 38 of 2005, including the regulations made under that Act;"Adequate" means that which is adequate in the reasonable opinion of the Municipality after having regard to applicable law and guidelines;"Approved" means that which has been approved by the Municipality, after having regard to the reasonable environmental health requirements that may apply in the circumstances;"Approved premises" means any premises that have been approved for the operation of a child care facility and in respect of which a health compliance certificate has been issued;"Authorised official" means a person authorised to implement the provisions of this By-law,including but not limited to-(a)Peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the municipality as are specifically authorised by the municipality in this regard:Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"Certificate of acceptability" means a certificate of acceptability issued by the Municipality in terms of the Regulations Governing General Hygiene Requirements For Food Premises and the Transport of Food made in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) and published by Government Notice R962 of 23 November 2012;"Child" means any person under the age of 18 years and "children" has a corresponding meaning;"Child care facility" means any premises at which children are provided with temporary or partial care apart from their parents, whether for profit or otherwise, and excludes-(a)boarding schools;(b)school hostels; and(c)any establishments which operate mainly for the tuition or training of children and which are controlled by the State or registered or approved by the State;"Compulsory school-going age" means the age at which it is compulsory for a child to enter grade 1 in terms of the applicable law;"Council" or "municipal council" means the Mbizana municipal council, a municipal council referred to in section 157(1) of the Constitution;"Health compliance certificate" means:(a)in the event of a child care facility where a maximum of six children are to be accommodated, the certificate issued by the Municipality for the purposes of registration in terms of this by-law; or(b)in the event of a child care facility where seven or more children are to be accommodated, a certificate issued by the Municipality for the purposes of registration in terms of the Act, and which confirms that the premises, and the facilities and services available on those premises, comply with this By-Law;"Health compliance certificate holder" means a person to whom a health compliance certificate has been issued in terms of this By-law, and includes-(a)a legal person;(b)a partnership;(c)an association;(d)a trust; and(e)a person acting on behalf of a health compliance certificate holder;"Municipality" means the Mbizana Municipality;"Municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council;"National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) and any amendments thereto;"Person in charge" includes-(a)the owner of a child care facility;(b)the principal of a child care facility; and(c)any person who is apparently in control of a child care facility;"Play area" means a portion of premises set apart for children to play;"Premises" means any land or building or part of any land or building in or on which a child care facility is operated; and"Suitable" means that which is suitable in the reasonable opinion of the Municipality.
2. Scope and objectives of the by-law
3. Application for a health compliance certificate
4. Requirements for the premises of child care services for children under compulsory school-going age
5. Indoor play area
6. Outdoor play area
7. Toilet and wash facilities for children
8. General requirements for toilet and wash facilities for all children
13. Seating and resting and play equipment
15. Separate facilities for after-school centre
16. Requirements for the premises of child care services for children of compulsory schoolgoing age
17. Indoor study area
18. Outdoor play area
19. Toilet and was facilities for children
20. General requirements for toilet and wash facilities for children
26. Facilities for staff toilet and hand washing facilities
27. Bathroom facilities of staff resident on the premises
28. Medical care of children
29. Safety measures
30. General obligations
33. Withdrawal of health compliance certificates
34. Application bylawThis by-law shall be binding on all persons who own or occupy premises within the jurisdiction of the municipality.
35. Repeal of bylawsAny by-laws relating to street trading adopted by the municipality or any erstwhile municipal council now comprising an administrative unit of the municipality shall be repealed from the date of promulgation of this by-law.[It is likely that "street trading" above should be "child care facilities", in which case the Childcare Services By-law, 2017 would be repealed.]
36. Short titleThis by-law is called the Child Care facilities By-law, 2016, and takes effect on a date determined by the municipality by proclamation in the Provincial Gazette
History of this By-law
21 October 2019 this versionPublished in Eastern Cape Provincial Gazette no. 4329By-law commences.
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